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O98-46ORDINANCE NO. 098~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2.5, ALARM SYSTEMS, PROVIDING FOR CLARIFICATION BY AMENDMENTS TO THE FOLLOWING SECTIONS: 2.5-2, 2.5-9, 2.5-10, 2.5-12 2.5-13 AND 2.5-14; BY CREATING NEW SECTIONS, AS FOLLOWS: SECTION 2.5-19 ENTITLED "FAILURE TO NOTIFY"; SECTION 2.5-20, ENTITLED "ALARM BUSINESS RESPONSIBILITY"; AND SECTION 2.5-21 ENTITLED "DAMAGE TO PROPERTY"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 2.5 of the City of Boynton Beach Code of Ordinances governs alarm systems within the City of Boynton Beach; and WHEREAS, Section 2.5 of the Code of Ordinances provides for the imposition of false alarm response servmce fees; and WHEREAS, city staff has recommended that certain sections of said Ordinance require clarification and/or streamlining; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City to amend said Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Part II, Chapter 2.5, Section 2.5-2 is hereby amended by adding the words and figures in underlined type, and by deleting the words and numbers in struck-through type, as follows: Section 2.5-2 Definitions. Alarm: Any device which is used mn a building or premises for the detection of fire, medical alerts, unauthorized entry... Class "A" alarms: Ail those alarms activated by illegal entry, in response to criminal activity, or fire, or the need for emergency medical response and includes alarms... Section 2. Section 2.5-9 is hereby amended by adding the words and figures in underlined type and by deleting words and numbers zn struck-through type, as follows: 2.5.9 Duty of person notified to provide access to premises, render assistance. Any person who is notified by any member of the communicanions division, -police department or fire department ... taking reasonable action to deactivate the alarm. Fire alarms required by Fire Code~ and/or State Statutes shall be ex~mr, t fro~,~ deactivating the alarm. Section 3. Section 2.5-10 is hereby amended by adding the words and figures zn underlined type and by deleting words and numbers in struck-through type, as follows: Section 2.5-10 Operation of System. (d) The police department ~ ~-c ~ .... shall indicate any ... (f) The Fire Rescue Department shall .indicate any violation of subsection (a) or (b) on theiz alarm report. The Fire and Life Safety Division shall be responsible to take the appropriate actio,, by issuing a notice of violation of this section. The owner of the alarm system will have ten (10) days from the date of the notice of violation correct the violation. If the violation is no~. corrected within ten (10) days, the owner shall fined fifty dollars ($50.00). The Fire and Life. Safety Division shall notify the F~ance Depar~en~. to mail the notice of fine if the violation is not corrected. If the fine is not paid within t~ (10) days, the alarm owner will be in violation of 2 Section 2.5-17 of this Chapter. Section 4. Section 2.5-12 is hereby amended by adding the words and figures in underlined type and by deleting words and numbers in struck-through type, as follows: (b) Ail new fire property permitted alarm systems shall be exempt ... (C) Occupancies with multiple alarm zones oz apartment complexes with multiple alarm systems, ali maintained by the same company, may be declared nuisance alarms by the Fire Marshall and shall bo assessed a false alarm fee. Section 5 Section 2.5-13 is hereby amended by adding words and figures in underlined type and by deleting words and numbers in struck-through type, as follows: Section 2.5-13. False alarm response servmce fee; collection. For response to excessive false alarms by the police department cr ~i~c ~ ......... the alarm user The chief of police or his/her designee, shall determine whether a false burglar alarm has occurred, occurred and the frequency of such false alarms. The City shall... The Fire Marshall shall determine whether a falsn fire or medical alarm has occurred and the frequency of such alarms. The Fire Rescue Departmmnt shall notify alarm users of the amount owned to the City and shall make demand therefore pursuant to th,' following provisions: (a) A fine of one hundred dollars (~100.00) will be issued for every false alarm over the third ..false alarm in any calendar year. (b) Proof of alarm repair on the date of false alarm can result in the f~e being reduced to twenty-five dollars ($25.00) if approved by the Fir~. Marshall. The Fire and Life Safety Division Will bill and maintain records for all fire ~d medical false alarms. Section 6. Section 2.5-14 is hereby amended by adding the words and figures in underlined type and by deleting words and numbers in struck-through type, as follows: Section 2.5-14. Interference with city telephone trunk lines prohibited; alarm business central office required; identification required. (d) The request for response shall include the n~me, telephone number, and zone, if applicable, of the alarm activation. Section 7. A new Section 2.5-19. entitled "Failure to Notify" is hereby created by adding the words and figures in underlined type, as follows: No alarm business shall attest to service, repair, alter, replace, move and/or test an alarm system without a prior one (1) hour notice of intent to tha City of Bo~rnton Beach Rmergency Dispatch Center. All reasonable precautions to avoid the transmission of false alarms shall be made. Failure to notify one (1) hour prior to the transmission of a fals~ alarm shall result in a fine of fifty dollars ($50.00), payable by the alarm business. (a) If the alarm bus~ess fails to pay the fine within ten (10) days, the alarm business sh~ll notified via certified mail of their right to request a hearing before a three-person board which shall be composed of the city manager, the director of public works/engineer and the director of development, or their designees, which hearing shall be held within ten (10) days of the date of appeal to the City M~ager. 4 (b) The decision of the Board shall be fina] and shall only be subject to review by writ or certiorari to Palm Beach County Circuit court. (c) All alarm businesses and alarm monitorin, companies conducting fire or medical alarm busines~ in the City of Boynton Beach will register with thc Fire and Life Safety Division of the Boynton Beach Fire Rescue Department. (d) Ail alarm businesses will notify the Fir,, and Life Safety Division of ~y alteration, deletion, removal of service, or other operatinu problems of fire and medical alarm systems in th~. City of Boynton Beach. Section 8. A new Section 2.5-20. entitled "Alarm Business Responsibility,, is hereby created by adding the words and figures in underlined type, as follows: Section 2.5-20. Alarm Business Responsibility. An alarm company conducting fire alarm busines~ within the City shall adhere to all requirements or all applicable NFPA Standards. Failure to COX~Lpi~ with this section of the code, as determined by tho Fire Marshall, shall result in a fine of one hundred dollars ($100.00). Fines shall be paid according to the guidelines iu Section 2.5-19 (a) and (b). Section 9. A new Section 2.5-21. entitled "Damage to property" is hereby created by adding the words and figures in underlined type, as follows: Section 2.5-21. Damage to property. The City of Boynton Beach shall not be financially responsible for any property damage caused by tha Police and/or Fire Rescue responding to an alar~L~. The alarm user shall be solely responsible for any damages that occur while attempting to verify th~ cause for the alarm activation. Section 10. Ail ordinances or parts of ordinances mn 5 conflict herewith be and the same are hereby repealed. Section 11. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 12 ordinance. Authority is hereby granted to codify said Section 13. This ordinance immediately upon passage. shall become effective FIRST READING this /~ day of /~w~~, 1998. SECOND, FINAL READING AND PASSAGE this ~~, 1998. / day of ATTEST: Ci~ty Clerk ~ %0" "~0,,, '~ s :~[~d~e Ala~ ~ ~%- ~/~8 ~1111111111 I1~~ CITY OF BOYNTON BEACH, FLORIDA Co~m{ssioner Commi s s i oner 6